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1 - 8 of 8 (0.23 seconds)Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 99 in The Indian Penal Code, 1860 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 342 in The Code of Criminal Procedure, 1973 [Entire Act]
Dominic Varkey vs The State Of Kerala on 6 April, 1971
8. It has, however been contended before us by the learned Counsel for the appellant that the appellant is not guilty as he had acted in the exercise of his right of private defence of person. His contention is that admittedly Asu Singh (deceased) was physically stronger than the appellant. Earlier there had been grappling between the two and in that grappling Asu Singh fell down the appellant 5-7 times and they were separated. Subsequently when the heat of passion had not vet subsided Asu Singh ran towards the appellant with a 'Lathi' in his hand in a mood of anger and the appellant having been put in that situation apprehend id his death or at least grievous injury at the hands of Asu Singh, therefore, the appellant in his right of private defence inflicted the axe blow which unfortunately fell on the neck of Asu Singh deceased. It is also in evidence that the appellant received a number of injuries on his person in this incident it has, therefore, been urged by the learned Counsel for the appellant that the appellant gave an axe blow in the exercise of his right of private deface. He had relied on Dominic v. State of Kerala . In that case George killed his brother Dominic It was found that Dominic was aggressor and when he was picking up a large piece of stone, George had a reasonable apprehension that Dominic would kill him or would cause him grievous hurt Dominic was picking up a stone of a dangerous size. The previous incidence of quarrel in the past was also there.
Section 428 in The Code of Criminal Procedure, 1973 [Entire Act]
Munney Khan vs State Of Madhya Pradesh on 28 August, 1970
In the circumstances, it cannot ht said that she appellant did nit use more force than was reasonably necessary. In fact, the appellant did use more force than reasonably necessary in the circumstances of the case. Thus the appellant caused the death of the deceased Asu Singh by exceeding his right of private defence. An offence of this nature is therefore punishable under part (sic) of Section 304, I.P.C. Reference may be made in this connection to Munney Khan v. State of M.P. .
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